§ 9-27-5. Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise: “Chemical tests” means the analysis of an individual’s: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine, or (vii) other bodily substance to determine the presence of alcohol or a […]
§ 9-27-7. Administrative Office of Courts to be repository of court reports; mental health court standards; collection and reporting of certain data
The Administrative Office of Courts is the repository for reports filed by courts established under this chapter. The goal of the mental health courts is to support effective and proven practices that reduce recidivism and provide treatment for participants. Mental health courts must adhere to the standards established in this chapter. These standards shall include, […]
§ 9-27-9. Mental health intervention services; certification of inpatient treatment
A mental health court’s mental health intervention component shall provide for eligible individuals, either directly or through referrals, a range of necessary court treatment services, including, but not limited to, the following: Screening using a valid and reliable assessment tool effective for identifying persons affected by mental health issues for eligibility and appropriate services; Clinical […]
§ 9-27-11. Eligibility for alternative sentencing through local mental health court
In order to be eligible for alternative sentencing through a local mental health court, the participant must satisfy each of the following criteria: The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1), within the previous ten (10) years. […]
§ 9-27-15. Funding for mental health courts
All monies received from any source by a mental health court shall be accumulated in a local fund to be used only for mental health court purposes. Any funds remaining in a local fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the mental […]
§ 9-27-17. Immunity for mental health court staff
The director and members of the professional and administrative staff of the mental health court who perform duties in good faith under this chapter are immune from civil liability for: Acts or omissions in providing services under this chapter; and The reasonable exercise of discretion in determining eligibility to participate in the mental health court.
§ 9-27-19. Successful completion of requirements imposed by mental health court may result in dismissal of charge and prosecution or expunction of criminal record
If the participant completes all requirements imposed upon him by the mental health court, the charge and prosecution shall be dismissed. If the defendant or participant was sentenced at the time of entry of a plea of guilty, the successful completion of the mental health court order and other requirements of probation or suspension of […]
§ 9-25-1. Veterans Treatment Courts; legislative intent; authorization; eligibility for participation; Administrative Office of Courts to oversee; development of statewide rules and policies by State Intervention Court Advisory Committee; funding; immunity
The Legislature recognizes that our military veterans have provided an invaluable service to our country. In doing so, many may have suffered the effects of, including, but not limited to, post-traumatic stress disorder, traumatic brain injury and depression, and may also suffer drug and alcohol dependency or addiction and co-occurring mental illness and substance abuse […]
§ 9-27-1. Short title
This chapter shall be known and may be cited as the Rivers McGraw Mental Health Diversion Program Act.
§ 9-27-3. Legislative intent
The Legislature recognizes the critical need for judicial intervention to establish court processes and procedures that are more responsive to the needs of defendants with mental illnesses, while maintaining public safety and the integrity of the court process. The goals of the mental health courts under this chapter include the following: Reduce the number of […]